근로기준법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, two years of suspended sentence, and 80 hours of community service order) of the lower court is deemed to be too uneasible and unfair.
2. In light of the following facts: (a) the Defendant had no record of being sentenced to the suspension of qualification or heavier punishment; (b) the sum of unpaid wages and retirement allowances is large to KRW 80 million in favor of the Defendant; (c) the Defendant had criminal records of the same kind; (d) the Defendant sold real estate owned by the company from the investigation stage to the above court; (b) did not make any effort to sell the real estate; and (c) did not take measures such as taking bankruptcy procedures to enable employees to receive substitute payments; (d) the Defendant appears to have no intent to pay damages ( even if part of the employees were provisionally seized the above real estate, the total amount of senior collateral obligation is 1 billion won in total); (c) while E and F seized the company’s claims amounting to KRW 18 million, the Defendant did not have any evidence showing that the Defendant was actually paid the wages from the third obligor; and (d) the Defendant did not pay the wages from the Defendant’s imprisonment with prison labor and other circumstances that were presented to the court before and after the instant crime.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
【Fact-finding of the judgment】